HomeMy WebLinkAboutR05-140 special use permit for installation of two temporary masts for collection of weather data
Commissioner moved adoption
of the ollowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO, 2005 - -/!i.J2
APPROVAL OF A SPECIAL USE PERMIT
FOR THE INSTALLLATION OF TWO TEMPORARY MASTS
FOR COLLECTION OF WEATHER DATA
File Nos, ZS-00129
WHEREAS, PVRT-WP LLC ("Applicant") did file an application with the Eagle County
Department of Community Development on or about February 25,2005 for a Special Use Permit
for the temporary installation of two, 165 foot tall temporary masts, each of which is fitted with
two wind speed and direction sensors (anemometers) at the 90 foot level and the 150 foot level
and additional temperature and pressure sensors located within the mast themselves. Near the
bottom of one of the masts is a 36 inch by 12 inch by 12 inch data collection electronics unit that
is fully contained in a weatherproof enclosure and powered by a small solar cell unit
approximately 24 inches by 20 inches in area. This data collection unit gathers, processes and
stores all the sensor measurement data from the anemometers and sensors located on the masts,
and sends the stored data at regular intervals by commercial cellular phone modem service to
remote computers. The stated purpose for the masts and related anemometers and sensors is to
collect data regarding the wind and weather patterns on the property to determine the nature and
most beneficial use of the property; and
WHEREAS, the initial application would have allowed the masts to remain in place until
October 31, 2005, but the Applicant has learned that the data collection process was significantly
compromised by a lightning strike in June 2005 which severely damaged the equipment. The
application has been amended to allow the masts to remain in place and continue the data
collection for another full year, until October 31, 2006, with the masts to be removed no later
than 15 November 2006, weather permitting; and
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WHEREAS, notice of the Special Use Permit application was given to all proper
agencies and departments as required by the Eagle County Land Use Regulations, Section 5-
210.E; and,
WHEREAS, at its public hearing held on August 3 and November 16,2005, the Eagle
County Planning Commission, based upon its findings, recommended approval of the Special
Use Permit, with certain conditions; and
WHEREAS, a public hearing was held by the Board of County Commissioners of the
County of Eagle, State of Colorado, on December 6, 2005; and
WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony,
exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments
of the Eagle County Department of Community Development, comments of public officials and
agencies, the recommendation of the Eagle County Planning Commission, and comments from
all interested parties, and with the modifications imposed by the conditions hereinafter described,
the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board")
finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B.,
Standards for the review of a Special Use Permit, and finds as follows:
1. Consistent with Master Plan, The proposed Special Use is appropriate
for its proposed location and is consistent with the purposes, goals,
objectives and policies of the Master Plan and the FLUM of the Master
Plan, including standards for building and structural intensities and
densities, and intensities of use.
2. Compatibility, The proposed Special Use is appropriate for its proposed
location and is compatible with the character of surrounding land uses.
3. Zone District Standards, The proposed Special Use does meet the
standards of the zone district in which it is located, and does meet the
standards applicable to the particular use, as identified in Section 3-310,
Review Standards Applicable to Particular Residential. Agricultural and
Resource Uses.
4. Design Jlfinimizes Adverse Impact. The design of the proposed Special
Use does minimize adverse impacts, including visual impact of the
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proposed use on adjacent lands; furthermore, the proposed Special Use
does avoid significant adverse impact on surrounding lands regarding
trash, traffic, service delivery, parking and loading, odors, noise, glare, and
vibration, and shall not create a nuisance.
5. Design Minimizes Environmental Impact. The proposed Special Use
does minimize environmental impacts and does not cause significant
deterioration of water and air resources, wildlife habitat, scenic resources,
and other natural resources.
6. Impact on Public Facilities. The proposed Special Use is adequately
served by public facilities and services, including roads, pedestrian paths,
potable water, parks, schools, police and fire protection, and emergency
medical services.
7. Site Development Standards, The proposed Special Use does comply with
the appropriate standards in Article 4, Site Development Standards.
8. Other Provisions, The proposed Special Use does comply with all
standards imposed on it by all other applicable provisions of these Land
Use Regulations for use, layout, and general development characteristics.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application ofPVRT-WP LLC, File No. ZS-00129, for a Special Use Permit
for the temporary installation oftwo, 165 foot tall temporary masts, each of which is fitted with
two wind speed and direction sensors (anemometers) and additional temperature and pressure
sensors in the Resource Zone District described herein, be and is hereby approved, subject to the
conditions as set forth herein. A copy of the Legal Description and Vicinity Map are attached as
Exhibit "A" and Exhibit "B", respectively, and incorporated by reference into these findings.
THAT, the following conditions shall be placed upon this approval and that violation of
any condition shall be the basis for revocation ofthe Special Use Permit:
1. The temporary masts shall be removed by the Applicant no later than November 15,
2006, weather permitting.
2. Except as otherwise modified by these conditions, all material representations of the
Applicant in this application and all public meetings shall be adhered to and be
considered conditions of approval.
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THA T, the Diagram of Mast with Guys and Anchors, attached hereto as Exhibit "c" be
and is hereby approved;
THAT, this permit shall be subject to review as provided for by the Eagle County Land
Use Regulations.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County commissio~he
County of Eagle, State of Colorado, at its regular meeting held the ~day of ~/]
2005, nunc pro tunc to the 6th day of December 2005.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By:
Teak J. Si nton
Clerk to the Board of
County Commissioners
Commissioner seconded adoption of the foregoing Resolution.
The roll having been called, the vote \\1, s as follows:
Commissioner Arn M. Menconi ~
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
?lo
This Resolution passed by vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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Order Number: 98017215B
LEGAL DESCRIPTION
Township 2 South, Range 83 We.t of the Sixth Principal Xeddi_
Section 31. All, Bxcept Lot 5 and the HOl"the..t Qu.l"tel" of the HOl"thwe.t;
Qual"tel" and NOl"th ODe-Half of the NOl"the..t Qu.r:tel"
SectioD 32. All, Bxcept the BOl"th..,..t Quarter of the Northwe.t Quarter
CO'D'N'1'Y or BAGLB
S'1'ATB or COLORADO.
Exhibit "A"
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Figure 1: Diagram of mast with guys and anchors
Exhibit "Clt
10 50-meter WindMast™